CONDITIONS OF USE



Last updated: March 31, 2020



Welcome to Allurspa.com. ALLUR provides website features and other products and services to you when you visit or shop at Allurspa.com, use ALLUR products or services, use ALLUR applications for mobile, or use software provided by ALLUR in connection with any of the foregoing. ALLUR provides the ALLUR Services subject to the following conditions.



ELECTRONIC COMMUNICATIONS


When you use ALLUR Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other ALLUR Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any ALLUR Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ALLUR or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any ALLUR Service is the exclusive property of ALLUR and protected by U.S. and international copyright laws.


TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ALLUR Service are trademarks or trade dress of ALLUR in the U.S. and other countries. ALLUR's trademarks and trade dress may not be used in connection with any product or service that is not ALLUR's, in any manner that is likely to confuse customers, or in any manner that disparages or discredits ALLUR. All other trademarks not owned by ALLUR that appear in any ALLUR Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ALLUR.


PATENTS

One or more patents owned by ALLUR apply to all the applicable ALLUR products and features.


LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, ALLUR or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ALLUR Services. This license does not include any resale or commercial use of any ALLUR Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ALLUR Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by ALLUR or its licensors, suppliers, publishers, rightsholders, or other content providers. No ALLUR Service, nor any part of any ALLUR Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ALLUR. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ALLUR without express written consent. You may not use any meta tags or any other "hidden text" utilizing ALLUR's name or trademarks without the express written consent of ALLUR. You may not misuse the ALLUR Services. You may use the ALLUR Services only as permitted by law. The licenses granted by ALLUR terminate if you do not comply with these Conditions of Use or any Service Terms.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ALLUR reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant ALLUR a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ALLUR and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ALLUR for all claims resulting from content you supply. ALLUR has the right but not the obligation to monitor and edit or remove any activity or content. ALLUR takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from ALLUR are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


RETURNS, REFUNDS AND TITLE

ALLUR does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, ALLUR does not take title to the refunded item.


PRODUCT DESCRIPTIONS

ALLUR attempts to be as accurate as possible. However, ALLUR does not warrant that product descriptions or other content of any ALLUR Service is accurate, complete, reliable, current, or error-free. If a product offered by ALLUR itself is not as described, your sole remedy is to return it in unused condition.


DISPUTES

Any dispute or claim relating in any way to your use of any ALLUR products sold or distributed by ALLUR or through Allurspa.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.


APPLICABLE LAW


By using any ALLUR products, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ALLUR.


SITE POLICIES, MODIFICATION, AND SEVERABILITY


We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.